Terms and Conditions

Terms and Conditions – Maeve's Boutique

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

  • Cooling-off Period: the period within which the consumer may exercise their right of withdrawal;

  • Customer (Consumer): the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the Company;

  • Day: calendar day;

  • Duration Transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;

  • Durable Medium: any instrument which enables the customer or the company to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;

  • Right of Withdrawal: the option for the customer to cancel the distance contract within the cooling-off period;

  • Company (Entrepreneur): Maeve's Boutique, the legal entity offering products and/or services to customers at a distance;

  • Distance Contract: a contract concluded between the company and the customer within the framework of an organized system for distance sale of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;

  • Technique for Distance Communication: means which can be used for the conclusion of a contract, without the customer and the company being together in the same room at the same time;

  • Terms and Conditions: the present Terms and Conditions of the company.

Article 2 – Applicability
These Terms and Conditions apply to every offer made by the company and to every distance contract concluded and orders placed between the company and the customer. Before the distance contract is concluded, the text of these Terms and Conditions shall be made available to the customer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the Terms and Conditions can be inspected at the company's premises and that they will be sent free of charge to the customer as soon as possible upon request. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions may be made available to the customer electronically in such a way that it can be easily stored by the customer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the Terms and Conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the request of the customer. In the event that specific product or service conditions apply in addition to these Terms and Conditions, the second and third paragraphs shall apply mutatis mutandis, and the customer may always rely on the applicable provision that is most favorable to them in the event of conflicting terms. If one or more provisions in these Terms and Conditions are at any time wholly or partially invalid or destroyed, the agreement and these conditions shall otherwise remain in force, and the relevant provision will be replaced immediately in mutual consultation by a provision that approaches the scope of the original as closely as possible. Situations not regulated in these Terms and Conditions must be assessed 'in the spirit' of these Terms and Conditions. Ambiguities regarding the interpretation or content of one or more provisions of our conditions must be interpreted 'in the spirit' of these Terms and Conditions.

Article 3 – The Offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The company is entitled to change and adapt the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the customer. If the company uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the company. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Images accompanying products are a true representation of the products offered. The company cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:


 

  • The price, excluding customs clearance fees and import taxes/tariffs. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will handle the importation under the specific regulations for postal and courier services. The postal or courier service collects these duties and taxes (whether or not together with customs clearance fees) from the recipient of the goods;

  • Any shipping costs;

  • The manner in which the agreement will be concluded and which actions are required for this;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery, and execution of the agreement;

  • The period for acceptance of the offer, or the period within which the company guarantees the price;

  • The rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication tool used;

  • Whether the contract is filed after its conclusion, and if so, how it can be accessed by the customer;

  • The way in which the customer, before concluding the contract, can check and, if desired, correct the data provided by them under the contract;

  • Any other languages in which, besides English, the contract can be concluded;

  • Optional: available sizes, colors, and types of materials.

Article 4 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the customer accepts the offer and complies with the conditions set therein. If the customer has accepted the offer electronically, the company will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the company, the customer may dissolve the agreement. If the agreement is concluded electronically, the company will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the customer can pay electronically, the company will observe appropriate security measures. The company may—within legal frameworks—inform itself whether the customer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the company based on this investigation has good reasons not to enter into the agreement, it is entitled to refuse an order or application or to attach special conditions to the execution. The company will send the customer the following information along with the product or service, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable medium:

  • The email address or contact point of the company where the customer can go with complaints;

  • The conditions under which and the manner in which the customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  • Information about guarantees and existing after-sales service;

  • The data included in Article 3 paragraph 6 of these conditions, unless the company has already provided these data to the customer before the execution of the agreement.

Article 5 – Right of Withdrawal
When purchasing products, the customer has the option to dissolve the agreement without giving reasons for a period of 30 days. This cooling-off period starts on the day after receipt of the product by the customer or a representative previously designated by the customer and made known to the company. During the cooling-off period, the customer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all accessories supplied and—if reasonably possible—in the original state and packaging to the company, in accordance with the reasonable and clear instructions provided by the company. If the customer wishes to make use of their right of withdrawal, they are obliged to make this known to the company within 30 days after receipt of the product. The customer must do this by means of a written notice/email. After the customer has made it known that they want to use their right of withdrawal, the customer must return the product within 30 days. The customer must prove that the delivered goods were returned in time, for example by means of proof of shipping. If the customer, after the expiry of the periods mentioned in paragraphs 2 and 3, has not made it known that they wish to use their right of withdrawal or has not returned the product to the company, the purchase is a fact.

Article 6 – Costs in Case of Withdrawal 
If the customer makes use of their right of withdrawal, the costs of returning the products are for the account of the customer. If the customer has paid an amount, the company will refund this amount as soon as possible, but no later than within 30 days after withdrawal, provided that the product has already been received back by the company or conclusive proof of complete return can be provided.

Article 7 – Exclusion of the Right of Withdrawal
The company can exclude the customer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the company has clearly stated this in the offer, at least in time for the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products:

  • Which have been created by the company in accordance with specifications of the customer;

  • Which are clearly personal in nature;

  • Which by their nature cannot be returned;

  • Which can spoil or age quickly;

  • Whose price is subject to fluctuations on the financial market over which the company has no influence;

  • For loose newspapers and magazines;

  • For audio and video recordings and computer software of which the customer has broken the seal;

  • For hygienic products of which the customer has broken the seal.

Article 8 – The Price
During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in tax rates. In deviation from the previous paragraph, the company can offer products or services whose prices are subject to fluctuations on the financial market and over which the company has no influence, with variable prices. This bondage to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the company has stipulated this and:

  • These are the result of statutory regulations or provisions; or

  • The customer has the authority to terminate the contract with effect from the day on which the price increase takes effect. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the company is not obliged to deliver the product according to the incorrect price.

Article 9 – Identity of the Company

  • Company Name / Business Name: KVM Agency (operating as Maeve's Boutique)

  • Business Address: Waag 63, 3961LX Wijk bij Duurstede, The Netherlands

  • Email Address: info@maevesboutique.com

  • Chamber of Commerce Number (KvK): 95076301

  • VAT Identification Number (BTW): NL005127986B23

Article 10 – Conformity and Warranty
The company guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/of usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. A warranty provided by the company, manufacturer, or importer does not affect the statutory rights and claims that the customer can assert against the company under the contract. Any defects or incorrectly delivered products must be reported to the company in writing within 30 days after delivery. Return of the products must be in the original packaging and in new condition. The company's warranty period corresponds to the manufacturer's warranty period. However, the company is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products. The warranty does not apply if:


 

  • The customer has repaired and/of processed the delivered products themselves or has had them repaired and/of processed by third parties;

  • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the company and/of on the packaging;

  • The defect is wholly or partially the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution
The company will take the greatest possible care when receiving and executing orders for products. The place of delivery is the address that the customer has made known to the company. With due observance of what is stated in Article 4 of these Terms and Conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the customer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be executed, the customer will receive notice of this no later than 30 days after placing the order. In that case, the customer has the right to dissolve the contract without costs and is entitled to any compensation. In the event of dissolution in accordance with the previous paragraph, the company will refund the amount paid by the customer as soon as possible, but no later than within 30 days after dissolution. If delivery of a ordered product proves impossible, the company will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are for the account of the company. The risk of damage and/of loss of products rests with the company until the moment of delivery to the customer or a representative previously designated and made known to the company, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Extension
Termination The customer can terminate a contract entered into for an indefinite period and which extends to the regular delivery of products or services at any time with due observance of the agreed termination rules and a notice period of no more than one month. The customer can terminate a contract entered into for a definite period and which extends to the regular delivery of products or services at any time towards the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month. Extension A contract entered into for a definite period and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a definite period. A contract entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the customer may terminate at any time with a notice period of no more than one month.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the customer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 5 paragraph 1. The customer has the duty to report inaccuracies in provided or stated payment details to the company without delay. In the event of non-payment by the customer, the company has the right, subject to legal restrictions, to charge the reasonable costs made known to the customer in advance.

Article 14 – Complaints Procedure
Complaints about the execution of the contract must be submitted fully and clearly described to the company within 7 days after the customer has discovered the defects. Complaints submitted to the company will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the company will answer within the period of 30 days with a notice of receipt and an indication of when the customer can expect a more detailed answer. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement.

Article 15 – Governing Law
All agreements and legal relationships between the company and the customer to which these Terms and Conditions apply shall be governed by and construed exclusively in accordance with the laws of the United States, without regard to conflict of law principles.

Article 16 – CESOP (Central Electronic System of Payment Information)
Due to regulatory requirements regarding the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers are required to monitor international payments. If transactions meet the thresholds established under these regulations, payment data, including customer and transaction details, may be registered and reported in the European CESOP system or relevant international financial tracking authorities, in compliance with applicable tax laws and regulatory changes.